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FREE DWI EVALUATION
Recent Cases Which May Be Helpful In Your Defense Of A Texas DWI
- State v. Homan: Field Sobriety Tests not allowed to establish
probable cause unless done correctly.
- Knowles v. Iowa: Officers may not search beyond what is necessary
for officer safety in a routine traffic stop.
- U.S. v. Lambert: A defendant was seized while agents held his
driver's license for 20 minutes.
- U.S. v. Buchannan: The defendants were seized when the troopers
separated them from their vehicle.
- U.S. v. Mitchell: A defendant retains his priveledge against
self-incrimination through sentencing.
- Florida v. J.L.: A seizure can not be made based on an
uncorroborated anonymous tip.
- Emerson v. State: Results of a Horizontal Gaze Nystagmus Test are not admissible unless the officer can show he is trained, experienced or certified to administer the test.
- Hernandez v.State: Weaving may not be reasonable suspicion justifying the stop of your vehicle by the officer.
- Erdman v. State: The officer cannot force you to take a breath or blood test. In fact, the officer may only read you the statutory warning concerning your rights to take the test. It may be considered coercion if the officer answers any questions you may ask him regarding the breath test.
- Mata v. State: The state must meet strict scientific standards in order to
offer testimony that a certain result of a breath test taken after the time of
driving means a certain test result at the time of driving.
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